City of New York v. Gutlove Shirvint, Inc.

Full title: THE CITY OF NEW YORK, Plaintiff, v. GUTLOVE SHIRVINT, INC., Defendant

Court: United States District Court, E.D. New York

Date published: Dec 23, 2008

08-CV-1372 (E.D.N.Y. Dec. 23, 2008)

Opinion

08-CV-1372.

December 23, 2008

MEMORANDUM ORDER

CAROL AMON, District Judge

The City of New York (the "City") brought this action against Gutlove Shirvint, Inc. ("Gutlove"), alleging violations of the Contraband Cigarette Trafficking Act, 18 U.S.C. § 2341, et seq. On December 5, 2008, the Court granted Gutlove's motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. The City was given until December 15, 2008 to seek leave to amend the complaint. The City has not sought leave to amend. Accordingly, the case is dismissed.

The Clerk of the Court is directed to enter judgment in accordance with this Order and to close the case.

SO ORDERED.